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Bombay HC Relief To 4 Pune Clubs Ordered To Shut Shop After Highway Liquor Ban [Read Order]

Nitish Kashyap
7 Jun 2017 9:43 AM GMT
Bombay HC Relief To 4 Pune Clubs Ordered To Shut Shop After Highway Liquor Ban [Read Order]
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The Bombay High Court has granted ad-interim relief to four clubs from Pune that were issued notices by the state Excise department on May 18 to close down their operations with immediate effect.

With the relief, these four clubs can continue to run their businesses until further orders.

The Excise department issued the said order following the Supreme Court’s judgment directing both the Centre and state to ban sale of liquor along national and state highways.

A bench of Justice Shantanu Kemkar and Justice MS Sonak heard the petition filed by Bramhacorp Leisure Club Pvt Ltd, Dorabjee & Co Pvt Ltd, The Ladies Club and Poona Club Ltd, after it was mentioned.

Senior Advocate Prasad Dhakephalkar and SR Ganbhavale appeared for the petitioners in the case.

They submitted that these clubs were located on Bund Road, which is not a state highway, nor is there any other state highway within 500 metres from the said location.

Therefore, it was argued that prima facie the order dated May 18 was not sustainable.

Additional government pleaders SG Kalel and RM Shinde argued that according to the state, Bund Road is a state highway and these clubs are located a little over 100 m from it.

Following this, Justice Kemkar sought to know whether there was a government document that would justify this claim and asked the state to file an affidavit detailing the same.

Thus, ad-interim relief was granted and the order directing petitioners to stop operations immediately was stayed.

Read the Order here.

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